(Urgent advice please) Howard Cohen notice of pending action

[Comrades6]

Re: (Urgent advice please) Howard Cohen notice of pending action

Hi A,

HSBC closed th account around 41/2 years ago I don't have the exact details as I have no paper work relating to th account... I don't need a ccj so even if they issue a claim can I still contest it..?

Hi Amethyst

Why do you say "Tricky as usual with overdraft" do the court see it in Cohens favour..?

[Amethyst]

Re: (Urgent advice please) Howard Cohen notice of pending action

Hiya, With an overdraft the CCA isn't applicable, so normal evidence rules would apply - so non provision of the agreement isn't a 'get out of jail free' (for want of a better term) card.

4 1/2 years would mean you aren't time barred.

So your defence would be on any charges possibly applied to the overdraft before the account was closed ( there's the £400 of payments made without a formal overdraft being in place) , and any issues of evidencing assignment / default.

I would ask them for copies of the evidence they intend to rely on in bringing the case to court - notice of assignment, agreement, terms, statement of account and default notcie.

[Comrades6]

Re: (Urgent advice please) Howard Cohen notice of pending action

Hiya, With an overdraft the CCA isn't applicable, so normal evidence rules would apply - so non provision of the agreement isn't a 'get out of jail free' (for want of a better term) card.

4 1/2 years would mean you aren't time barred.

So your defence would be on any charges possibly applied to the overdraft before the account was closed ( there's the £400 of payments made without a formal overdraft being in place) , and any issues of evidencing assignment / default.

I would ask them for copies of the evidence they intend to rely on in bringing the case to court - notice of assignment, agreement, terms, statement of account and default notcie.

Hi Amethyst!

I was tossing a coin this morning with what was best to do so I have sentth letter I posted on the thread earlier for more information to Cohen, should I have not done this..? Can I still stop them applying to the court for a CCJ
I am worried I may be able to dispute the £400 overpayment but can they add intrest on the unpaid debt for the past 4.5years..?

David.

[Amethyst]

Re: (Urgent advice please) Howard Cohen notice of pending action

If you want to negotiate with them for a full and final settlement ( I don't know your circumstances of course) then before court is a good time to do it, they would rather have a settlement for half the debt than have to bring court proceedings. Yes they will add statutory interest on to the debt, it can apply from the date the debt was assigned to them and is 8% per annum ( something like 0.022% a day) and after court action starts they will expect to use that figure as the starting figure in any negotiations.

[Comrades6]

Re: (Urgent advice please) Howard Cohen notice of pending action

Hi Amethyst,
my circumstances aren't great I don't have a pocket full of money if it all goes pear shaped.. If I was to ask for a full and final settlement would I do this straight away, like tomorrow and if so do I contact Robinson way who now own the debt or Cohens..or do I wait and see what kind of response I get from Cohens with the letter I have sent today..either way I just don't want a CCJ against my name as next year I have to look at remortgaging my home and wouldn't want this to cause me a problem...I am assuming by the way you have explained it to me the court would probably look at the £1000 overdraft as a payable debt only problem is these leeches will add intrest and costs to this which in all probability cost me more than £1400..
David.

[Comrades6]

Re: (Urgent advice please) Howard Cohen notice of pending action

If you want to negotiate with them for a full and final settlement ( I don't know your circumstances of course) then before court is a good time to do it, they would rather have a settlement for half the debt than have to bring court proceedings. Yes they will add statutory interest on to the debt, it can apply from the date the debt was assigned to them and is 8% per annum ( something like 0.022% a day) and after court action starts they will expect to use that figure as the starting figure in any negotiations.

Hi Amethyst,
my circumstances aren't great I don't have a pocket full of money if it all goes pear shaped.. If I was to ask for a full and final settlement would I do this straight away, like tomorrow and if so do I contact Robinson way who now own the debt or Cohens..or do I wait and see what kind of response I get from Cohens with the letter I have sent today..either way I just don't want a CCJ against my name as next year I have to look at remortgaging my home and wouldn't want this to cause me a problem...I am assuming by the way you have explained it to me the court would probably look at the £1000 overdraft as a payable debt only problem is these leeches will add intrest and costs to this which in all probability cost me more than £1400..
David.

[Amethyst]

Re: (Urgent advice please) Howard Cohen notice of pending action

It's a bit of a game of chess I'm afraid. There is really no way I can guess whether Cohens/Rob way's next move will be to just chuck in a court claim or respond to your letter favourably, not at all or just scury back off under a pebble never to be heard of again. If not having a CCJ is important to you and you don't fancy risking defending in court and just want it out the way ref remortgaging ( have you checked your credit file on noddle yet? ) - then if you can come to an agreement to pay an AFFORDABLE amount each month it is less likely to go to court. But still argue the amount with them, the OD was £1000 and you were in dispute with Lloyds over the £400. I think you might drive yourself batty if you got court papers so it might be the best option for you. Maybe have another read round some other peoples cases, particularly overdrafts ones, before deciding. As many of those get discontinued because the DCA's just can't be assed to get the documents as with credit cards/loans.

[Comrades6]

Re: (Urgent advice please) Howard Cohen notice of pending action

It's a bit of a game of chess I'm afraid. There is really no way I can guess whether Cohens/Rob way's next move will be to just chuck in a court claim or respond to your letter favourably, not at all or just scury back off under a pebble never to be heard of again. If not having a CCJ is important to you and you don't fancy risking defending in court and just want it out the way ref remortgaging ( have you checked your credit file on noddle yet? ) - then if you can come to an agreement to pay an AFFORDABLE amount each month it is less likely to go to court. But still argue the amount with them, the OD was £1000 and you were in dispute with Lloyds over the £400. I think you might drive yourself batty if you got court papers so it might be the best option for you. Maybe have another read round some other peoples cases, particularly overdrafts ones, before deciding. As many of those get discontinued because the DCA's just can't be assed to get the documents as with credit cards/loans.

Hi Amethyst

Right I have just checked my Noodle rating and Hoist have placed a default on my record the default dated 27-04-2011 ( Hoist took on the debt 26-10-2015 from MKDPLLP) the only thing is that the account number they have used on the default doesn't match the same as my account with HSBC neither does it match the account number ontheir letter of pending action. when I have checked all the letters from RW non of their letters have the same account number as the default either.What do I do now..?

Thanks for you help it is very much appreciated.

[Comrades6]

Re: (Urgent advice please) Howard Cohen notice of pending action

Forgot to add the account number on the letters from RW and one from Cohens is the account number of my HSBC account.. It's only the Credit file number that is wrong..

[Amethyst]

Re: (Urgent advice please) Howard Cohen notice of pending action

Hi Amethyst

Right I have just checked my Noodle rating and Hoist have placed a default on my record the default dated 27-04-2011 ( Hoist took on the debt 26-10-2015 from MKDPLLP) the only thing is that the account number they have used on the default doesn't match the same as my account with HSBC neither does it match the account number ontheir letter of pending action. when I have checked all the letters from RW non of their letters have the same account number as the default either.What do I do now..?

Thanks for you help it is very much appreciated.

When Hoist took over the debt the name on the credit file will have been changed to Hoist, from MKDP... whether the original default was 27-4-11 from Lloyds or not I don't know, but it could be taken that that date is the cause of action date so you know your 4 1/2 years is about right.

[Comrades6]

Re: (Urgent advice please) Howard Cohen notice of pending action

When Hoist took over the debt the name on the credit file will have been changed to Hoist, from MKDP... whether the original default was 27-4-11 from Lloyds or not I don't know, but it could be taken that that date is the cause of action date so you know your 4 1/2 years is about right.

Hi Amerthyst,
Ok I have just spoken with RW and they have informed me HC have acknowledged my request for information and have placed my account on indefinite hold untill they gather the required paperwork for my inspection, this has stopped any Futher action and cost.. Let's hope they can't find the paperwork.
D

[Amethyst]

Re: (Urgent advice please) Howard Cohen notice of pending action

Good stuff, gives you some breathing space then

[Comrades6]

Re: (Urgent advice please) Howard Cohen notice of pending action

Good stuff, gives you some breathing space then

Thanks for you help I will keep you informed...

[monkeymoo]

Re: (Urgent advice please) Howard Cohen notice of pending action

Did you ever hear back from them?